Justia Education Law Opinion Summaries

John was a student at the University of California, Davis when fellow student Jane reported that he engaged in nonconsensual sexual intercourse with her in violation of University policy. John agreed they had sex but said Jane consented. Following an investigation, UC Davis found that on the night the two had sex, Jane was incapacitated due to alcohol such that she was unable to consent and that, given her condition, a reasonable person should have known she was unable to consent. John was suspended from all UC campuses for two years.The court of appeal affirmed the denial of a writ of administrative mandate to set aside the suspension. The court rejected John’s claim that he was denied a fair process in UC Davis’s investigation and adjudication because he was denied a live hearing and an opportunity to cross-examine witnesses before a fact-finder who was not also the investigator. In university disciplinary proceedings involving allegations of sexual misconduct, when the sanction is severe and credibility is central to the adjudication, the university must provide cross-examination at a live hearing before a neutral adjudicator who was not also the investigator. In this case, however, credibility was not central. John’s own account provided substantial evidence of the policy violation. The investigation was thorough, there is no evidence of investigator bias, and John was provided many opportunities to state his version of events and to review and respond to the evidence. View "Doe v. The Regents of the University of California" on Justia Law

John Doe was a senior at the University of California, Santa Barbara (UCSB), when fellow student Jane Roe reported that he engaged in dating violence against her in violation of University of California policy. John admitted that, after arguing with Jane for hours, he “grabbed her, screamed in her face and shook her” and “eventually dragged her out of the bed to the front door” of his home. Following an investigation, the university found John violated UC policy, and he was suspended for three years, resulting in a three-year hold of his degree and diploma.The court of appeal affirmed the denial of John’s petition for a writ of administrative mandate seeking to set aside the disciplinary decision and suspension. John’s written statement alone provided sufficient evidence to establish he engaged in dating violence, including that his conduct caused bodily injury. The court rejected John’s claims he was denied a fair process because the fact finder did not observe the witnesses and John was not allowed to cross-examine witnesses, UCSB withheld evidence from him during its investigation, and the review committee failed to follow its own policy requiring an independent review of the disciplinary decision. View "Doe v. The Regents of the University of California" on Justia Law

The Court of Appeal reversed the trial court's judgment resolving a dispute with the school district concerning the "facilities costs" for which the district may properly charge the charter school.The court concluded that a district must exclude from the facilities costs it charges a charter school all costs of both operations and ongoing maintenance if the charter school pays those costs for its own premises. The court explained that, while the text of the regulations is ambiguous and, in part, self-contradictory, the regulatory history and the statutory scheme, as well as the common understanding of all parties prior to the trial court’s unsolicited ruling, make clear that the state board did not intend such a result. In this case, Cal. Code Regs., tit. 5, section 11969.7 requires a district to exclude plant maintenance and operations costs from its facilities costs in calculating the pro rata share of a charter school that pays for its own operations and maintenance. Furthermore, section 11969.7 requires a district to exclude from facilities costs any contributions to its ongoing and major maintenance (OMM) account that are ultimately disbursed to pay costs of a type paid by the charter school. Accordingly, the court remanded for further proceedings. View "Mt. Diablo Unified School District v. Clayton Valley Charter High School" on Justia Law

X.M., a student at Maple Elementary School, sued Hesperia Unified School District (HUSD), claiming he was sexually assaulted on campus by one of their employees. He sought treble damages under Code of Civil Procedure section 340.1, alleging his assault resulted from HUSD’s cover up of a prior sexual assault by the same employee. The trial court granted the school district’s motion to strike the increased damages request on the ground that treble damages under section 340.1 were primarily punitive and therefore barred by Government Code section 818. X.M. filed a petition for writ of mandate asking the Court of Appeal to vacate the trial court’s order and conclude section 818’s immunity did not apply to the treble damages provision at issue here. He argued the primary purpose of the provision is to compensate victims of childhood sexual assault for the additional harm caused by discovering their abuse could have been prevented if those entrusted with their care had responded differently to prior sexual assaults on their watch. In the alternative, he argues the provision’s primary purpose is to incentivize victims to come forward and file lawsuits. The Court concluded the primary purpose of section 340.1’s treble damages provision was punitive because it was designed to deter future cover ups by punishing past ones. "[T]he economic and noneconomic damages available under general tort principles are already designed to make childhood sexual assault victims whole ... It is the rare treble damages provision that isn’t primarily designed to punish and deter misconduct, and nothing in section 340.1 or its legislative history convinces us the Legislature intended the increased award to be more compensatory (or incentivizing) than deterrent." Further, the Court held that section 818’s immunity applied when the defendant was a public agency like HUSD. The Court therefore denied the petition. View "X.M. v. Super. Ct." on Justia Law

Code of Civil Procedure section 340.1 authorizes an award of “up to treble damages” in a tort action for childhood sexual assault where the assault occurred “as the result of a cover-up.” Government Code section 818 exempts a public entity from an award of damages “imposed primarily for the sake of example and by way of punishing the defendant.”Plaintiff sued the school district (LAUSD) alleging an LAUSD employee sexually assaulted her when she was 14 years old and the assault resulted from LAUSD’s cover-up of the employee’s sexual assault of another student. She requested treble damages under section 340.1. The trial court denied LAUSD’s motion to strike the damages request. The court of appeal reversed. While the harm caused by childhood sexual assault is undoubtedly amplified if a victim learns the assault resulted from a deliberate cover-up by those charged with the victim’s care, noneconomic damages under general tort principles already provide compensation for this added psychological trauma. The treble damages provision has no compensatory function. Section 340.1 generally serves to ensure perpetrators of sexual assault are held accountable for the harm they inflict but its text unambiguously demonstrates the treble damages provision’s purpose is to deter future cover-ups by punishing past cover-ups. Because treble damages under section 340.1 are primarily exemplary and punitive, a public entity like LAUSD maintains sovereign immunity from liability for such damages. View "Los Angeles Unified School District v. Superior Court" on Justia Law

Theta Xi challenges the decision by USC to suspend recognition of the fraternity's USC chapter for six years. The sanction stemmed from the Office of Student Judicial Affairs and Community Standards' (SJACS) conclusion that Theta Xi had violated nine sections of the University Student Conduct Code, including sections prohibiting hazing and the serving of alcohol to anyone under 21. Theta Xi filed a petition for a writ of administrative mandamus against USC and others under Code of Civil Procedure section 1094.5, alleging that USC's suspension decision should be set aside. The trial court denied the petition.The Court of Appeal affirmed and concluded that Theta Xi has not shown that USC violated its limitations policy and, even assuming the limitations policy restricted USC's jurisdiction, Theta Xi has not shown that USC acted in excess of its jurisdiction in suspending its recognition of Theta Xi's USC chapter. The court also concluded that USC's decision to suspend its recognition of Theta Xi's local chapter did not substantially affect any vested fundamental right held by Theta Xi. Therefore, the trial court properly declined to exercise its independent judgment in reviewing the evidentiary support for SJACS's factual findings, and properly applied the substantial evidence standard instead. The court further concluded that substantial evidence supported SJAC's alcohol-related findings and other challenged findings. In this case, SJACS's factual findings adequately supported USC's decision to suspend its recognition of Theta Xi's local chapter for six years. Finally, the court concluded that Theta Xi received a fair administrative hearing. View "Alpha Nu Association of Theta Xi v. University of Southern California" on Justia Law

The University of California, Santa Cruz, Department of Technology Management workload policy described the standard course load and additional teaching responsibilities, with procedures for scheduling course assignments, stating that the chair “resolves any differences and has final authority for the teaching schedule.” The Department Chair informed Professor Akella that he would be assigned four classes in the 2015-2016 academic year because he was not participating in any undergraduate advising or undergraduate curricular leadership roles; no offsetting service or research activities justified reducing his teaching load. Akella refused the assignment and filed a grievance with the Academic Senate. Akella’s attorney wrote to the provost, concerning the course that Akella “will not teach.” The provost rejected Akella’s request. The Senate denied Akella’s grievance.Akella did not appear to teach the scheduled course in March 2016, which had about 80 enrolled students. A committee tasked with reviewing a disciplinary complaint and Akella’s response unanimously rejected Akella's argument that the workload policy limited the chair’s authority to assign more than three courses and recommended disciplinary action. The provost agreed. After a formal hearing, the chancellor adopted a committee report rejecting Akella’s arguments and recommending a 15 percent annual salary reduction for one year and a letter of censure to Akella’s personnel file. The superior court ruled in Akella’s favor. The court of appeal reversed. Substantial evidence in the record supported the university’s decision. View "Akella v. Regents of the University of California" on Justia Law

Sargent began working for the University in 1991 as an environmental health-and-safety technician. Sargent was the campus’s licensed asbestos consultant. Sargent sued, presenting abundant evidence about retaliation after he raised concerns about environmental hazards. A jury found in his favor on claims alleging unlawful retaliation and on a claim under the Labor Code Private Attorneys General Act (Labor Code 2698, PAGA), which was premised almost entirely on violations of the California Occupational Safety and Health Act (Labor Code 6300, CalOSHA). He was awarded more than $2.9 million in PAGA penalties and more than $7.8 million in attorney fees.The court of appeal affirmed the award of attorney fees but reversed the award of PAGA penalties. Education Code 66606.2 does not bar PAGA claims against the California State University (CSU) system; CSU is not categorically immune from PAGA penalties because it is a public entity. Viable PAGA claims can be asserted against CSU only when the statutes upon which the claims are premised themselves provide for penalties. Here, Sargent brought some viable PAGA claims but ultimately failed to establish CSU’s liability for them because the jury found that he was not personally affected by the underlying statutory violations. View "Sargent v. Board of Trustees of the California State University" on Justia Law

Plaintiff filed a petition for a writ of mandate as well as a complaint for due process violations against LAUSD and Defendant Sohn, seeking reinstatement and damages. Plaintiff contends that under Education Code section 44466, which governs tenure for university interns, he had acquired permanent status at the commencement of the 2018–2019 school year. Plaintiff argued that he had satisfied the requirements of section 44466 by completing his university coursework in advance of the 2017–2018 school year, serving that school year in a credentialed teaching position (first under his intern credential, and then his regular credential), then beginning the 2018–2019 school year under his regular credential.The Court of Appeal affirmed the trial court's judgment concluding that section 44466 contemplates that former university interns serve a complete year under a regular credential before acquiring tenure. The court explained that plaintiff did not acquire tenure under section 44466 because the post-internship year under section 44466 does not begin until the former intern is reemployed under a regular credential by the school district that employed him as an intern. Therefore, the trial court correctly ruled that plaintiff did not acquire tenure at the commencement of the 2018–2019 school year. View "McGroarty v. Los Angeles Unified School District" on Justia Law

Saddleback College and Juan Avalos, vice-president of Saddleback’s student services and its Title IX officer, appealed the granting of a writ of mandamus in favor of a Saddleback student, Marcus Knight. Knight petitioned for relief after he was disciplined when two female students complained that he was following them, taking photos of one of them on his phone, and touching them. Knight had multiple disabilities, including cerebral palsy and autism, which have complicated his experience at Saddleback. In March 2018, Knight received a letter from Avalos stating that he was “suspended” – barred from classes and campus activities. It appeared, however, that he was allowed to attend classes anyway, while he contested the suspension. Eventually the potential suspension was dropped, and a written disciplinary reprimand was placed in his student record instead. At trial, Knight based his petition on the ground that the college did not afford him a hearing during which he or his counsel could confront and cross-examine witnesses. The trial court granted the writ petition on that basis. The Court of Appeal determined Knight was not entitled to that level of due process: requiring a trial-like hearing before Saddleback could issue a written reprimand placed too great a burden on the college when compared to the minor detriment to Knight. "He received notice of the charges against him, and he had an opportunity to respond – several opportunities, in fact. Had the suspension gone forward, he would have had the hearing he feels he was entitled to. But it did not go forward, and he received a much lower level of discipline." Accordingly, the Court reversed the judgment for Knight and directed the trial court to enter judgment for appellants. View "Knight v. South Orange Community College Dist." on Justia Law